My brother has been named as Executor in Will my mother had drawn up by attorney months before she passed. Should we have an administrator appointed to complete disposition?

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before she passed. No worries there, I had asked her not to name me as Executor years before - sibling issues, mother issues, and I did not want reason for more. My brother wanted to avoid Probate (Washington state) and mother's Estate under $100,000.00 so could be considered Small Estate (no need for Trust Fund). Essentially though, my mother had two bank accounts, one in which she deposited her 6 CD's at $10,000.00 each ($60,000.00) total. The other which she used over the years as her primary account with her husband who passed in 2006. While my mother was still alive, my brother had the $60,000.00 put into his personal bank account - he has those funds now. He did try to close out her other bank account, and they were unwilling to be of service to his efforts as their bank requirements of Testamentory, and death certificate and personal id, etc. He was conscientious in distribution of items from her estate initially. I had advised him Washington state law may require something different than he wanted to do in the workarounds to avoid Probate. I did not know, having not been too involved in estate law, etc., was going off the information handout presentation Mom's lawyer provided at a Masonic event. In trying to find the correct way to go, I was using Internet, Google, learning what I could via online information about Washington state Estates and Probate requirements. I advised him I was more a by the book kind of personality, having had a career as State employee with RCW's, WAC's, and Policty whereas he preferred to continue to workarounds and avoid probate as probate was more costly to her estate. I am my mother's firstborn daughter, and we encouraged her to move here to be our neighbors and continue to the best of her abilities to live her independent lifestyle. She was blind, not entirely, enough though to hamper her mobility. Where she lived, owned her home there were limited services for teaching her to cope with her blind mobility issues. Where we live across the state, I learned there are services of extensive assistance to the blind, and explained to her she might have more productive mobility in using those services. She did move here for more reasons than availing herself of the blind services. My husband and I became, after a fashion, her caregivers, not fully recognizing or realizing that we were gradually becoming more than help to her for what she considered her independent lifestyle. We acted in accord with her wishes for that kind of a lifestyle, however, we did not realize the fears she had were much larger than her wish to live an independent lifestyle. So it was a bit of both, her independence, our caregiving where she would permit it, ie, walking her dog daily, driving her to social activities, feeding her prepared meals, driving her to services for the Blind, driving her to instruction course on living with Diabetes which was diagnosed while she lived here, driving her to dr appointments, trying to check in with her via visit to her home daily, and the list goes on. And then the cancer hit her....another story. After months of living with the pain in her upper right side, her dr telling her repeatedly to please go to Urgent Care or Hospital if pain continued, as the facility she was seeing dr did not have the equipment, she did finally go to city's large hospital, where we began to learn of the cancer. Her dr told me he did not know she had cancer, and by the time it was diagnosed, it was Stage 4 Cancer in kidney area. After hospital test results, MRI results, her dr named it as probably Cholangiocarconoma - in bile duct liver. We learned of her dx in June 2017, she died in August 2017. It was sudden, fast, and acknowledging that our family felt and is feeling the grieving. Where I am now all these months later, is wanting to get my mother's estate into Probate as two things are happening. Brother, named Executor, lives in AZ, and I am prepared that he may not be able to get to WA to have court authorize him as named Executor of her Estate. I have asked him to do so or step down from potential authorization. I recently have identified the situation to mother's estate attorney by letter, and am to meet with him end of this month. Also meeting with disturbing, almost accusatory assistance from the paralegal who will likely be taking on the work of her Estate. And I have despite several requests to my brother, advised him of my actions to meet with her attorney, as it will be another cost to her Estate in need to close out the one bank account, and to have the funds released from her second bank account. Based on best information I have to date, my brother can request his Executorship be renounced, and secondary Executor take his place. I am named as secondary in her Will, I do not wish what has now become awkward disposition of her estate. I am thinking it wise to have Administrator appointed to complete it. Thoughts??

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oh, I did change my usename from awgeesh to endtime. I am one and the same person. When I started this community, I was keeping the privacy at bay as my mother was still alive and while I read the questions, articles, and responses, I kept silence of the situation as I did not want to bring disrespect to my mother. It has been a hellacious time though, there have been serious boundary issues, her abusive, manipulation, etc. etc., and even so I am finding the trauma of losing her to death overwhelming. The added drama of siblings has added to what I consider to be a traumatic end to her life. They were not present or available for the preceeding years, of little support in the caregiving efforts, yet they were there 'for her' at her end time, disregarding entirely that she was dying, was going into Hospice care with the diagnosis of Stage 4 cancer in the liver area. I love them, yet their behaviors were difficult to understand and not as mature as I had hoped they would be. Enough already, though.
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Thank you for response talkey - useful information to me in proceeding with the attorney and probate. Thank you also to Midkid58 for response. It is convoluted, and lengthy writing. Misunderstanding perhaps in your reading or take on it, as I am not at all interested in the income, nor interested in becoming back up Executor. I was more wondering if Administrator could be appointed to assist in probate and closing out her estate. My mother was attentive to much detail and I am positive that she would not want her estate handled in this haphazard manner, thus the Will in the first place. I am trying to preserve her dignity even if she is no longer with us.
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In my state the court has to appoint (approve) of the executor (administrator) regardless if there's a will. And the administrator must be bonded, in most cases. Depending on how much you're willing to spend, most of the work can be handed off to the attorney and his/her paralegal or done yourself under the guidance of the attorney. I'm in the midst of it now, and I too want it "by the book." My attorney is giving me guidance, and I'm doing much of the work. The cost is really not that much and well worth it for peace of mind.
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Awgeesh--

Wow. What a convoluted mess. IMHO Brother had no right to transfer those CD's into his acct, unless mother wanted him to do it and he did it upfront and legally.

You REALLY do need a lawyer, but think ahead. Your mother has a relatively small estate. You stand to inherit, at most, $50,000? Legal fees at $250 and hour can cut into that quickly and you may still not see "fairness".

You did so much for your mother--are you hoping for some kind of posthumous payback for that? Rarely happens, unless the executor agrees to it.

In our family, similar situation. One brother has done the lion's share. I have helped, but really, just minimally. We 5 sibs stand to inherit $10,000 each. I personally feel that the 3 sibs who were NEVER there should pass a portion, if not all of their inheritance to brother who cared for mother. What WILL happen? Nobody knows.

Maybe you need to take a beat and think if the drama, bad feelings and possible end of relationships is worth the money?

Oh, and yes, he can renounce his executorship and pass it on to you, but you won't get the $60K back. Unless he's a super decent guy.

Good Luck.
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